Initial Study/ Mitigated Negative Declaration. Sunset Hills Development. General Plan Amendment # , Zone Change # ,

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1 Initial Study/ Mitigated Negative Declaration Sunset Hills Development General Plan Amendment # , Zone Change # , Vesting Tentative Tract Map # , and Site Plan Review # February 10, 2017 Lead Agency: City of Los Banos Community and Economic Development Department Contact: Stacy Souza Elms, Community and Economic Development Director City Hall 520 J St. Los Banos, CA (209) ext of 38

2 Purpose The California Environmental Quality Act (CEQA) requires that public agencies document and consider the potential environmental effects of any agency actions that meet CEQA s definition of a Project. Briefly summarized, a Project is an action that has the potential to result in direct or indirect physical changes in the environment. A Project includes the agency s direct activities as well as activities that involve public agency approvals or funding. Guidelines for an agency s implementation of CEQA are found in the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). Provided that a Project is not found to be exempt from CEQA, the first step in the agency s evaluation of the potential environmental effects of the Project is the preparation of an Initial Study. The purpose of an Initial Study is to determine whether the Project would involve significant environmental effects as defined by CEQA and to describe feasible mitigation measures that would be necessary to avoid the significant effects or reduce them to a less than significant level. In the event that the Initial Study does not identify significant effects, or identifies mitigation measures that would reduce all of the significant effects of the Project to a less than significant level, the agency may prepare a Negative Declaration. If this is not the case, the agency must prepare an Environmental Report (EIR); the agency may also decide to proceed directly with the preparation of an EIR without preparation of an Initial Study. The purpose of this Initial Study and Proposed Mitigated Negative Declaration (IS/MND) is to identify the potential environmental impacts and proposed mitigation measures associated with the proposed Sunset Hills Development Project located within the City of Los Banos, County of Merced. Pursuant to Section of the CEQA Guidelines, the City is the Lead Agency in the preparation of this IS/MND, and any additional environmental documentation required for the Project. The City has responsibility for approval or denial of the Project application. The intended use of this document is to provide information to support conclusions regarding the potential environmental impacts of the Project. The IS/MND provides the basis for input from public agencies, organizations, and interested members of the public. Project Location The Project site is located within the City of Los Banos, County of Merced. Specifically, the project is located on an approximate 1.2 acre site (APNs: , -002, -003, - 004, -005, -006, and -007) on the east side of Delaware Avenue between Pine Street and Madrone Street. The uses surrounding the site include: East: South: West: North: Existing Multi-family residential dwelling units Los Banos Memorial Hospital Existing single-family residential and multi-family dwelling units Existing single-family residential dwelling units 2 of 38

3 Project Description Sunset Hills Development (Applicant) is proposing a General Plan Amendment and Zone Change to redesignate seven (7) parcel on approximately 1.2 acres from Professional Office to Medium Density Residential and to subdivide the project site into eleven (11) residential lots, ranging in size from 4,600 square feet to 5,562 square feet. The proposed lots will be subdivided and developed in accordance with Title 9, Chapter 3, Article 7, of the Los Banos Zoning Ordinance. A copy of the proposed project s Subdivision Map is included as part of this Initial Study as Exhibit A. Domestic water services will be provided by the City of Los Banos by connecting to an existing eight (8) inch water line located on Delaware Street. Sanitary sewer services will be provided by the City of Los Banos by connecting to an existing sewer line located on Delaware Street. Storm drain services will be provided by connecting to the City of Los Banos and installing a fifteen (15) inch line in the proposed project. Fire hydrants will also be installed in accordance with the City of Los Banos Fire Department standards and specifications. Dry utilities (i.e. gas and electric) will be provided via Pacific Gas and Electric. The existing site includes disked vacant land. No structures currently exist on the site. Environmental Determination: The Lead Agency has prepared an Initial Study, following, which considers the potential environmental effects of the proposed project. The Initial Study shows that there is no substantial evidence, in light of the whole record before the Lead Agency, that the project may have a potentially significant effect on the environment, provided that the following mitigation measures are included in the project. MITIGATION MEASURES: The following mitigation measures shall be incorporated into the proposed project: Mitigation Measure IV-1: Prior to the approval of the Project s Improvement Plans and Final Map, the project proponent shall prepare and submit to the City a Biological Assessment to determine the presence of any special-status species or habitat within the project site. The findings and recommendations of the Biological Assessment shall be incorporated into the project through the Improvement Plan and Final Mapping process. Mitigation Measure V-1: In the event of the accidental discovery of recognition of any human remains in any location other than a dedicated cemetery, the following steps shall be taken: 1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until; a. The corner of Merced County is contacted to determine that no investigation of the cause of death is required; and b. If the corner determines the remains to be Native American: 3 of 38

4 i. The corner shall contact the Native American Heritage Commission within 24 hours. ii. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Pubic Resources Code Section Mitigation Measure VIII-1: Prior to the approval of the proposed project s Improvement Plans and Final Map, the applicant, or project proponent, shall prepare and submit to the City of Los Banos Community and Economic Development Department a Phase 1/Environmental Site Assessment (ESA). The recommendations of the Phase I/ESA shall be incorporated into the proposed project, as deemed necessary by City staff. Therefore, the Lead Agency proposed to adopt a Mitigated Negative Declaration for the project, in accordance with the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Stacy Souza Elms, Community & Economic Development Director Date 4 of 38

5 City of Los Banos 520 J Street Los Banos, CA (209) Environmental Checklist Form Project Title Sunset Hills Development GPA # , ZC # , VTTM # , and SPR # Lead Agency Name and Address City of Los Banos 520 J Street Los Banos, CA Contact Person and Phone Number Stacy Souza Elms, Senior Planner Phone: (209) ext. 133; Fax: (209) stacy.elms@losbanos.org Project Sponsor s Name and Address Harbison Int., Inc E. Shaw Avenue Fresno, CA Project Location and Setting The Project site is located within the City of Los Banos, County of Merced. Specifically, the project is located on an approximate 1.2 acre site (APNs: , -002, -003, - 004, -005, -006, and -007) on the east side of Delaware Avenue between Pine Street and Madrone Street. The uses surrounding the site include: East: South: West: North: Existing Multi-family residential dwelling units Los Banos Memorial Hospital Existing single-family residential and multi-family dwelling units Existing single-family residential dwelling units Figure 1- Location Map, provides an illustration of the proposed project s regional location. Figure 1 Vicinity Map The proposed project site has been vacant and undeveloped for over 30 years. Urban development (primarily residential development) has occurred on all four sides of the project site, along with associated street and utility improvements. Topography of the site is relatively flat. There is one tree located along the western property line as well as small vegetation located throughout the project site. This tree and other vegetation will 5 of 38

6 be removed as part of the development of the proposed project. structures located on the project site. There are no General Plan and Zoning Designations General Plan: Zoning: Professional Office P-O, Professional Office Project Description Sunset Hills Development (Applicant) is proposing a General Plan Amendment and Zone Change to redesignate seven (7) parcel on approximately 1.2 acres from Professional Office to Medium Density Residential and to subdivide the project site into eleven (11) residential lots, ranging in size from 4,600 square feet to 5,562 square feet. The proposed lots will be subdivided and developed in accordance with Title 9, Chapter 3, Article 7, of the Los Banos Zoning Ordinance. A copy of the proposed project s Site Plan is included as part of this Initial Study as Exhibit A. Domestic water services will be provided by the City of Los Banos by connecting to an existing eight (8) inch water line located on Delaware Street. Sanitary sewer services will be provided by the City of Los Banos by connecting to an existing sewer line located on Delaware Street. Storm drain services will be provided by connecting to the City of Los Banos and installing a fifteen (15) inch line in the proposed project. Fire hydrants will also be installed in accordance with the City of Los Banos Fire Department standards and specifications. Dry utilities (i.e. gas and electric) will be provided via Pacific Gas and Electric. The existing site includes disked vacant land. No structures currently exist on the site. 6 of 38

7 Prrojjectt Siitte Figure 1 Location Map 7 of 38

8 Project Site Figure 2 Vicinity Map 8 of 38

9 SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: (Boxes are checked below if the proposed project has the potential to cause significant impacts. If none then No s may be checked) Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Geology/ Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/ Water Quality Land Use/ Planning Mineral Resources Noise Population/ Housing Public Services Recreation Transportation/ Traffic Tribal Cultural Resources Utilities/Service Systems Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a potentially significant impact or potentially significant unless mitigated impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have significant effect on the environment, because all potentially significant effect (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standard, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Stacy Souza Elms, Community & Economic Development Director Date 9 of 38

10 EVALUATION OF ENVIRONMENTAL IMPACTS: Notes: 1. A brief explanation is required for all answers except No answers that are adequately supported by the information sources cited in the parentheses following each question. A No answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A No answer should be explained where it is based on project-specific factors, as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site, as well as on-site, cumulative, as well as project-level, indirect, as well as direct, and construction, as well as operational impacts. 3. Once a determination has been made that a particular physical impact may occur, the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. Potentially is appropriate if there is substantial evidence that an effect may be significant. If there are one or more Potentially entries when the determination is made, an EIR is required. 4. Negative Declaration: Less Than With Mitigation Incorporated applies where the incorporation of mitigation measures has reduced an effect from Potentially to a Less Than. The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, Earlier Analyses, may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are with Mitigation Measures Incorporated, describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6. Information sources for potential impacts (e.g., general plans, zoning ordinances) have been incorporated into the checklist references. Reference to a previously prepared or outside document, where appropriate, includes a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list is attached, and other sources used or individuals contacted are cited in the discussion. 8. This initial study format is the format suggested in the 2007 CEQA Guidelines. 9. The explanation of each issue identifies: a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significant 10 of 38

11 ENVIRONMENTAL REVIEW CHECKLIST: (A brief answer to all questions is provided) Potentially w/ Mitigation Incorporated No Categories and Issues: I. Aesthetics. Would the proposal: a. Have a substantial adverse effect on a scenic vista? Comments: According to the City of Los Banos 2030 General Plan and Environmental Report (EIR), the proposed project area is not considered a scenic vista. Therefore, the proposed project will have a less than significant impact. b. Substantially damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Comments: The proposed project is not located on a State designated highway. Based on a review of the California Department of Transportation website ( the nearest State scenic highway is Interstate 5, between the SR 152 and north to the San Joaquin County line. The proposed project is not located on or adjacent to Interstate 5 or SR 152, and therefore will have no impact to a State scenic highway. c. Substantially degrade the existing visual character or quality of the site and its surroundings? Comments: The proposed project is located on an approximately 1.2 acre vacant site within the City of Los Banos and is currently surrounded by urban development on all four sides. The existing visual character of the proposed project and its surroundings consists of single-family and multi-family residential development and Los Banos Memorial Hospital. Construction of 11 singlefamily dwelling units in this area would alter the existing visual character of the project site; however, given that it would be located adjacent to existing residential and civic development within the City limits, it would be considered contextually consistent with surrounding land uses. d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Comments: Development of the proposed project will include the installation of street lighting and lighting associated with residential development. As such, the proposed project will result in a new source of light. However, any street lighting installed will be installed in accordance with the City of Los Banos standards and specifications. In addition, the project site is surrounded by existing development on four sides and associated lighting (i.e. street lighting, residential lighting, etc.). Therefore, the proposed project will have a less than significant impact to lighting and glare. 11 of 38

12 Potentially w/ Mitigation Incorporated No Categories and Issues: II. a Agriculture and Forest Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts o forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring program of the California Resource Agency, to nonagricultural use? Comments: According to the State of California Department of Conservation Farmland Mapping and Monitoring Program, the proposed project is located on land classified as Urban and Built-Up Land and is not located on soils classified as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Therefore, the proposed project will have a less than significant impact. b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? Comments: The proposed project is currently zoned Professional Office (P-O) and is seeking to adopt a General Plan Amendment and Zone Change that would allow Medium Density residential uses. The project site was evaluated by the City of Los Banos 2030 General Plan/EIR and identified as being Urban and Built-Up Land, and therefore, is not considered to be agricultural or forest land. In addition, a Williamson Act Contract does not exist for the project site. Therefore, the proposed project will have a less than significant impact. c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? Comments: Please refer to comment II.b. d. Result in the loss of forest land or conversion of forest land to non-forest use? Comments: The proposed project is located on existing fallow land, and is bounded by existing residential land uses to the north, south, east and west. The project site is not situated on lands considered to be forest land. Therefore, the proposed project will have a less than significant impact. e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Comments: As noted above, the proposed project is located on existing fallow land that is not in production for agricultural crops. The project site is bounded by existing residential land uses to the north, east, and west, and civic institutional use to the south and it is designated and zoned for urban development by the City of Los Banos 2030 General Plan and Zoning Ordinance. Therefore, the proposed project will have a less than significant impact. 12 of 38

13 Categories and Issues: III. Potentially w/ Mitigation Incorporated Air Quality Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursor)? d. Expose sensitive receptors to substantial pollutant concentrations? e. Create objectionable odors affecting a substantial number of people? BACKGROUND DISCUSSION: The proposed project is located in west Merced County, which is a portion of the San Joaquin Valley Air Basin (SJVAB). Air quality management under the federal and state Clean Air Acts is the responsibility of the San Joaquin Valley Air Pollution Control District (SJVAPCD). The Federal and State governments have adopted ambient air quality standards (AAQS) for the primary air pollutants of concern, known as criteria air pollutants. Air quality is managed by the SJVAPCD to attain these standards. Primary standards are established to protect the public health; secondary standards are established to protect the public welfare. The attainment status of the SJVAB for Merced County with respect to the applicable AAQS are shown in the following table. The SJVAB is considered non-attainment for ozone and particulate matter (PM10 and PM2.5), because the AAQS for the pollutants are sometimes exceeded. The SJVAB is Attainment/Unclassified for carbon monoxide, but select areas, not including the City of Los Banos, are required to abide by adopted carbon monoxide maintenance plans. The California Air Resources Board (CARB) through the Air Toxics Program is responsible for the identification and control of exposure to air toxics, and notification of people that are subject to significant air toxic exposure. A principal air toxic is diesel particulate matter, which is a component of diesel engine exhaust. The SJVAPCD has adopted regulations establishing control over air pollutant emissions associated with land development and related activities. These regulations include: Regulation VIII (Fugitive Dust Rules) Rule 4101 (Visible Emissions) Rule 9510 (Indirect Source Review) SAN JOAQUIN VALLEY FEDERAL AND STATE AAQS ATTAINMENT STATUS Pollutant Designation / Classification Federal Standards a State Standards b Ozone, 1-hour No federal standard f Nonattainment / Severe Ozone, 8-hour Nonattainment / Extreme e Nonattainment PM10 Attainment c Nonattainment PM2.5 Nonattainment d Nonattainment Carbon Monoxide Attainment / Unclassified Attainment / Unclassified Nitrogen Dioxide Attainment / Unclassified Attainment Sulfur Dioxide Attainment / Unclassified Attainment Lead (particulate) No designation Attainment Hydrogen Sulfide No federal standard Unclassified Sulfates No federal standard Attainment Visibility-Reducing Particles No federal standard Unclassified Vinyl Chloride No federal standard Attainment a See 40 CFR Part 81 No 13 of 38

14 b See CCR Title 17 Sections c On September 25, 2008, EPA redesignated the San Joaquin Valley to Attainment for the PM10 National AAQS and approvd the PM10 Maintenance Plan d The SJV is designated nonattainment for the 1997 PM2.5 NAAQS. EPA designated the SJV as nonattainment for the 2006 PM2.5 on November 13, 2009 (effective December 14, 2009). e Though the SJV was initially classified as serious nonattainment for the hour ozone standard, EPA approved reclassification of the SJV to extreme nonattainment in the Federal Register on May, 2010 (effective June 4, f Effective June 15, 2005, the EPA revoked the federal 1-hour ozone standard, including associated designations and classifications. EPA has previously classified the SJV as extreme nonattainment for this standard. EPA approved the 2004 Extreme Ozone Attainment Demonstration Plan on March 8, 2010 (effective April 7, 2010). Many applicable requirements for extreme 1-hour ozone nonattainment areas continue to apply to the SJVAB. The SJVAPCD has adopted a CEQA impact analysis guideline titled Guide for Assessing and Mitigating Air Quality s (GAMAQI). The GAMAQI is utilized in the following air quality impact analysis where applicable. The GAMAQI establishes impact significance thresholds for the non-attainment pollutant PM10 and precursors to the nonattainment pollutant ozone: reactive organic gases (ROG) and oxides of nitrogen (NOx). ROG NOx PM10 10 tons/year 10 tons/year 15 tons/year Projects that do not generate emissions in excess of these thresholds are considered to have less than significant air quality impacts. In accordance with Table 5-3(a) of GMAQI, the proposed project is considered a Small Project Analysis Level (SPAL), as it contains less than 152 single-family residential units. Because the proposed project qualifies as SPAL, GMAQI notes that it has no possibility of exceeding emission thresholds. Project construction will be subject to SJVAPCD rules related to control of construction emissions, including the various rules comprising Regulation VIII. The application of these rules to the project will further limit the potential air quality effects of the project. The project will generate small amounts of new on-road traffic and associated ROG, NOx and PM emissions during project operation. Operation of the project site will not generate any substantial air emissions. As shown in the table below, potential emissions from project operation will be incidental and will not approach the GAMAQI significance thresholds. Potentially significant emissions related to the construction and operation of land development projects are subject to regulation under SJVAPCD Rule 9510 Indirect Sources. Development associated with the proposed project will exceed the thresholds triggering the requirements of Rule Therefore, the project proponent will be required to comply with Rule 9510 and conduct an Indirect Source Review (ISR) process with the SJVAPCD. COMMENTS: a) The proposed project will not involve any conflict with, or potential to obstruct, implementation of, applicable Air Quality Attainment Plans. As discussed above, project related air emissions will be minor and below the threshold identified in GMAQI. Therefore, the proposed project will have a less than significant impact. b) Proposed project construction emissions will be minor and short-term, and will not contribute to or cause violation to any air quality standards. The proposed project will not involve any substantial operational emissions. Therefore, the proposed project will have a less than significant impact. c) The proposed project will result in minor ROG, NOx, and particulate matter emissions during project construction, which will contribute to existing non-attainment status of the SJVAB for ozone and particulate matter. However, in accordance with GMAQI, these emissions are considered to be below the threshold and therefore be less than significant. The proposed project will be required to comply with Rule 9510, and conduct an ISR process with the SJVAPCD. The ISR process will determine the proposed project s actual emission and subsequently, allow for mitigation under Rule Therefore, the proposed project will have a less than significant impact. d) Sensitive receptors are defined as facilities that house or attract children, the elderly, people with illnesses, or others who are especially sensitive to the effects of air pollutants. Hospitals, schools, convalescent facilities, and residential areas are examples of sensitive receptors. The proposed project is located in the vicinity of a hospital; Los Banos Memorial Hospital, and is surrounded on three sides by existing residential development. However, because the proposed project is considered a Small Project Analysis Level (SPAL) under GMAQI, the proposed project has no possibility of exceeding the emission thresholds and therefore, will have a less than significant impact. 14 of 38

15 e) The proposed project does not involve any features that will generate odors. Therefore, the proposed project will have a less than significant impact. 15 of 38

16 Potentially w/ Mitigation Incorporated No Categories and Issues: IV. Biological Resources Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulation, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Comments: As noted previously, the proposed project is located on vacant, raw land, and is surrounded by urban development on the north, south, east, and west sides. However, based on a review of the City s 2030 General Plan EIR, and most notably, Figure 3.8-1, the proposed project is located within an area known for the potential of containing the American badger, giant garter snake, and yellow rail. The giant garter snake is listed as a federally Threatened and California Threatened species. The American badger is a State Species of Concern. The yellow rail is a California Species of Concern. The City s 2030 General Plan EIR recognized the potential for these species to be identified within the proposed project site, and therefore adopted mitigation measures to reduce any potentially significant impacts to a level of significant impact. Mitigation Measure POSR-I-23 states, Require assessments of biological resources prior to approval of any development within 300 feet of any creeks, sensitive habitat areas, or areas of potential sensitive status species, and protection of sensitive habitat areas and special status species in new development in the following order: 1) avoidance; 2) onsite mitigation, and 3) offsite mitigation. Because the proposed project is located within an area identified as containing special status species, Mitigation Measure POSR-I- 23 shall be incorporated into the proposed project, and the Applicant shall be required to prepare a Biological Assessment of the project site, and incorporate the determinations and recommendations made by the qualified Biologist. Therefore, the proposed project will have a less than significant impact with mitigation incorporated. The Biological Assessment shall be prepared prior to the approval of the proposed project s Improvement Plans and Final Map. b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Comments: Based on the Los Banos 2030 General Plan and EIR, the proposed project is not located within an area known to contain riparian habitat. Most, if not all, of the riparian habitat located within the City is located along Los Banos Creek. The proposed project is not located within, or adjacent to Los Banos Creek. Therefore, the proposed project will have a less than significant impact. c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Comments: Based on the Los Banos 2030 General Plan and EIR, there are no identified wetlands within the project site. Therefore, the proposed project will have a less than significant impact. d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Comments: The proposed project is surrounded by existing development on the north, south, east and west sides. New development created as a result of the proposed project would have minimal impacts to wildlife corridors as surrounding urban development already exist. Therefore, the proposed project will have a less than significant impact. 16 of 38

17 e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Comments: Development of the proposed project will not require the removal of any trees. Therefore, the proposed project will have no impact. f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? Comments: The City of Los Banos, including the proposed project, is not located within an adopted Habitat Conservation Plan or Natural Community Plan. Therefore, the proposed project will have no impact. Mitigation Measure IV-1: Prior to the approval of the Project s Improvement Plans and Final Map, the project proponent shall prepare and submit to the City a Biological Assessment to determine the presence of any special-status species or habitat within the project site. The findings and recommendations of the Biological Assessment shall be incorporated into the project through the Improvement Plan and Final Mapping process. 17 of 38

18 Categories and Issues: Potentially w/ Mitigation Incorporated No V. Cultural Resources Would the project: a. Cause a substantial adverse change in the significance of a historical resource as defined in section ? Comments: The proposed project site is currently vacant with ruderal vegetation and does not contain any buildings or structures. Based on a review of the Los Banos 2030 General Plan EIR, there are thirteen (13) historic resource sites within the City s Planning Area, primarily in the downtown area. None of these sites include the proposed project. As such, there are no historic resources or sites as defined by Section of the Government Code within the proposed project area. Therefore, the proposed project will have a less than significant impact. b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to section ? Comments: Based on a review of the Los Banos 2030 General Plan and EIR, the Los Banos Creek area has been identified as a highly sensitive area for potential archaeological sites. The proposed project is not located within the Los Banos Creek area, and therefore, potential impacts to archaeological resources are considered to be minimal. The project site has been disked yearly to reduce potential fire hazards and given the disturbed nature of the project site it would be unlikely that unknown cultural resources would be found on-site during grading and excavation associated with construction and installation of utilities for the new development. Therefore, the proposed project will have a less than significant impact. c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Comments: The Los Banos 2030 General Plan and EIR do not identify any unique paleontological resources or sites or unique geologic features within the proposed project area. As noted in the 2030 General Plan, paleontological resources have been typically identified within the Los Banos Creek area. Therefore, the proposed project will have a less than significant impact. d. Disturb any human remains, including those interred outside of formal cemeteries? Comments: It is not anticipated that the proposed project will disturb any human remains. However, through development and construction of the proposed project, human remains may be identified, particularly during activities requiring ground disturbance (i.e. grading, trench digging, etc.). As such, the proposed project shall incorporate Mitigation Measure No. V-1, specified below, in accordance with Section (e) of the CEQA Guidelines, to reduce any potentially significant impacts to a level of less than significant. Mitigation Measure V-1: In the event of the accidental discovery of recognition of any human remains in any location other than a dedicated cemetery, the following steps shall be taken: 2. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until; a. The corner of Merced County is contacted to determine that no investigation of the cause of death is required; and b. If the corner determines the remains to be Native American: i. The corner shall contact the Native American Heritage Commission within 24 hours. ii. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. iii. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Pubic Resources Code Section of 38

19 Categories and Issues: VI. Geology and Soils Would the project: Potentially w/ Mitigation Incorporated No a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2) Strong seismic ground shaking? 3) Seismic-related ground failure, including liquefaction? 4) Landslides? Comments: No known earthquake faults traverse the project site. The effects of seismic activity were addressed in the Los Banos General Plan EIR and found to be potentially significant. Implementation of General Plan policies S-I-8 mitigates this potentially significant impact to a less than significant level. Policy S-I-8 requires all new buildings be built according to the seismic requirements of the Uniform Building Code. Therefore, these potential impacts are considered less than significant. No further environmental review is necessary. b. Result in substantial soil erosion or the loss of topsoil? Comments: Development of the proposed project will include grading of the site to allow for the installation of residential building pads. Thus, said grading would result in the loss of topsoil. However, through the preparation of Improvement Plans, the proposed project will be required to obtain a Grading Permit from the City of Los Banos. The Grading Permit process will ensure the proposed project is graded in accordance with the City of Los Banos Standards and Specifications. Therefore, the proposed project will have a less than significant impact. c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Comments: According to the United States Department of Agriculture (USDA) the soils in the area are of the project site are primarily Stanislaus-Dosamigos-Urban land complex on flat or nearly flat ground that may be subject to vertical displacement under seismic or static conditions. Such movement could include settlement, compaction, or liquefaction. Future development on the project site (e.g. single-family dwelling units and access driveways) would implement standard engineering and seismic safety design techniques in conformance with the recommendation of a project specific design level geotechnical investigation as a standard condition of development would reduce potential impacts to less than significant. d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Comments: As noted above, the soils within the project area are generally Stanislaus-Dosamigos-Urban land complex. The soil is well drained, but has moderate expansion potential. Future development on the project site would be required to follow the recommendations of a project-specific design-level geotechnical investigation as a standard condition of development. Development within the City of Los Banos would require review and approval by the Los Banos Building Department and the City Engineer. Given that the proposed project would be required to conform to the recommendations of the geotechnical report and the requirements of the City of Los Banos, the potential risks associated with expansive soils would be reduced to less than significant levels. 19 of 38

20 e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? Comments: The proposed project consists of the mapping and development of single-family residential units, which will be served by City of Los Banos sanitary sewer system. The use of septic tanks or alternative water water systems are not part of the proposed project. Therefore, the proposed project will have no impact. 20 of 38

21 Categories and Issues: VII. Greenhouse Gas Emissions Would the project: Potentially w/ Mitigation Incorporated No a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Background Discussion: Human-generated emissions greenhouse gases (GHGs) are understood to be an important cause of global climate change, which is a subject of increasing scientific, public concern, and government action. Atmospheric concentrations of GHGs that trap heat in the earth s atmosphere and lead to a variety of effects, including increasing temperature, changes in patterns and intensity of weather and various secondary effects resulting from those changes, including potential effects on public health and safety. California AB 32 identifies global climate change as a serious threat to the economic well-being, public health, natural resources and the environment of California. As a result, global climate change is an issue that needs to be considered under CEQA. GHGs include carbon dioxide (CO2), the most abundant GHG, as well as methane, nitrous oxide and other gases, each of which have GHG potential that is several times that of CO2. GHG emissions result from combustion of carbon-based fuels; major GHG sources in California include transportation (40.7%), electric power generation (20.5%), industrial (20.5%), agriculture and forestry (8.3%) and others (8.3%). The State of California is actively engaged in developing and implementing strategies for reducing GHG emissions. State programs for GHG reduction include a regional cap-and-trade program, new industrial and emission control technologies, alternative energy generation technologies, advanced energy conservation in lighting, heating, cooling and ventilation, reduced-carbon fuels, hybrid and electric vehicles, and other methods of improving vehicle mileage reduction programs. Using these and other strategies, the State s Global Climate Change Scoping Plan, adopted in December 2008, proposes to achieve a 29% reduction in projected business-as-usual emission levels for The City of Los Banos 2030 General Plan and EIR includes policies and mitigation measures that reduce the impact level that is less than significant. Policies POSR-I-46, 52, 53, and C-I-4 of the City s 2030 General Plan include measures, that upon implementation, helps reduce the amount of greenhouse gases generated per capita in the City. It is important to note that the proposed project is consistent with the City s 2030 General Plan. The SJVAPCD adopted a Climate Change Action Plan in 2008, and issued guidance for development project compliance with the plan in The guidance adopted an approach that relies on the use of Best Performance Standards to reduce GHG emissions. Projects implementing Best Performance Standards would be determined to have a less than cumulatively significant impact. For projects not implementing Best Performance Standards, demonstration of a 29% reduction in GHG emissions from business-asusual conditions is required to determine that a project would have a less than cumulatively significant impact. Comments: VII-a) The proposed project would not generate any substantial greenhouse gas emissions beyond what has previously been identified in the City s 2030 General Plan and EIR. The proposed project is consistent with the 2030 General Plan, and will comply with the Policies noted in the discussion above. VII-b) The proposed project will not involve any known conflict with any adopted plan, policy, or regulation for reducing greenhouse gas emissions. The City of Los Banos also requires that all buildings conform to the energy conservation requirements of the California Administrative Code Title 24, as well as the California Green Building Standards (CALGreen) code, which includes requirements for energy and water conservation in new construction. 21 of 38

22 Categories and Issues: Potentially w/ Mitigation Incorporated No VIII. Hazards and Hazardous Material Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Comments: The mapping and development of residential subdivisions do not typically involve the transport, use, or disposal of hazardous materials. However, the project site was historically used for agricultural purposes, and as such, there may be hazardous materials within the soil. Therefore, prior to the approval of the proposed project s Improvement Plans and Final Map, the applicant, or project proponent, shall prepare and submit to the City a Phase I/Environmental Site Assessment (ESA). The recommendations of the Phase I/ESA shall be incorporated into the proposed project, as necessary. Therefore, the proposed project will have a less than significant impact with mitigation incorporated. Refer to Mitigation Measure VIII-1, below. b. Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Comments: It is not anticipated that through the mapping and development of the proposed project, foreseeable upset and accident conditions will occur. Development of the proposed project will comply with all Federal, State, and local policies and regulations related to the construction of the proposed project. Therefore, the proposed project will have a less than significant impact. c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within onequarter mile of an existing or proposed school? Comments: The proposed project is located approximately 830 feet (0.15 miles) of Valley Community School, 715 H Street, which is northwest of the project site. However, as noted above in VIII-a, the mapping and development of residential subdivisions do not typically involve the emission of handling of hazardous materials are identified, all Federal, State, and local policies and regulations related to hazardous materials shall be complied with. Therefore, the proposed project will have a less than significant impact. d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section and, as a result, would create a significant hazard to the public or the environment? Comments: Appendix A of the Los Banos 2030 General Plan provides a list of hazardous sites within the City of Los Banos. Based on a review of Appendix A, the proposed project is not located on a site identified as hazardous. Therefore, the proposed project will have no impact. e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Comments: The Los Banos Municipal Airport is located within the City of Los Banos and is a general aviation facility with a single paved runway 3,800 feet in length. According to the Merced County Airport Land Use Compatibility Plan, adopted June 21, 2012, the proposed project is located within the airport s Airport Influence Area Zone D. According to the Basic Compatibility Criteria Table 2A, Zone D has no limit or restrictions for Single-family Residential: individual dwellings, townhouses, mobile homes, bed & breakfast inns. Therefore, the proposed project will have a less than significant impact. f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Comments: The project site is not located within the vicinity of a private airstrip. Therefore, the proposed project will have a less than significant impact. 22 of 38